McCarthy and Stone (Developments) Ltd v Richmond upon Thames LBC
1991 · [1992] 2 AC 48
Posted By lanbuk.com
- Facts
- A council charged developers a fee for informal consultations with planning officers before planning applications.
- Issue
- Did the council have power to charge?
- Held
- No. The advice was incidental to an incidental function, and charging for it was beyond the council's powers.
- Principle
- A public body cannot levy a charge without clear statutory authority.
- Why it matters
- Applies to charging.
Words and Latin in this note
- Ultra vires
- Beyond the powers: an act or rule made by a body that the law did not give it the power to make, so it is invalid. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.